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Celebrity DWI/DUI Roundup – August 2018

Each month in our celebrity DWI/DUI roundup, we review reports of arrest and updates on developing court cases involving celebrities. Often, we find that even the richest celebrities still face the consequences of a DWI if they fail to work with an experienced attorney.

NASCAR CEO Arrested On Long Island & Charged With DUI

The CEO and Chairman of NASCAR, Brian France, has announced that he will be taking an indefinite leave of absence after it was revealed that he has been charged with a DUI and criminal possession of a controlled substance.

According to a statement made by the Sag Harbor Village Police Department, at around 7:30 p.m. on August 5th, 2018, France failed to stop at a stop sign while driving a 2017 Lexus. The officer who initiated the traffic stop determined that France was intoxicated and administered a field test which France failed. A search was then performed and France was found to have oxycodone pills in his possession.

Unconfirmed reports indicate that France’s alcohol level was twice the legal limit.

France has issued a statement, saying, “I apologize to our fans, our industry and my family for the impact of my actions last night. Effective immediately, I will be taking an indefinite leave of absence from my position to focus on my personal affairs.”

New York Jets Linebacker Pleads Guilty To DUI

Dylan Donahue, who was drafted by the New York Jets in the fifth round of the 2017 NFL Draft, has pled guilty to a DUI. This is the second time in three days that he pled guilty to driving while under the influence of alcohol.

On May 9th, 2017, only ten days after being drafted, Donahue was arrested in Billings, Montana. Officers were called to the scene after Donahue drove into a parked pickup truck, flipping his SUV. Both he and his passenger were injured. Results of a breathalyzer test showed his blood alcohol level to be 0.137, well above the state’s legal limit of 0.08. He received a three-month license suspension and fined $1,000.

Then on February 26th, 2018, Donahue was arrested after he drove into the wrong end of the Lincoln Tunnel and crashed head-on with a 15 passenger bus. Four of the passengers on the bus were taken to the hospital for injuries. Donahue failed both the field and breathalyzer tests that were issued at the scene. He originally faced four charges but three were dropped after he agreed to the DUI. His New Jersey license has been suspended for three months and he will be required to use an Interlock Ignition Device one the license is reinstated.

After the second accident, Donahue voluntarily entered a treatment facility and has stated that he is dedicated to living a sober life.

Former Guns N’ Roses Guitarist Arrested For DUI in Illinois

DJ Ashba was arrested in Fairbury, IL for a DUI. Officers pulled Ashba over after he blew through a stop sign. While speaking with Ashba, officers suspected he was under the influence and administered a field test which he failed.

Ashba has not issued a statement about the arrest.

Our New Jersey Attorneys Can Help After A DWI

Our experienced DWI lawyers have helped hundreds of clients, celebrity and not, after a DWI. Our legal team completely reviews all aspects of each case and then determines how best to defend our client.

If you or a loved one are facing DWI charges, call one of our conveniently located DWI law offices now to learn more about our attorneys, our past results, and how we can help you save your license.

 

 

 

DWI Attorney Evan M. Levow Named To 2018 New Jersey Super Lawyers List

This prestigious award is only granted to 5% of attorneys in New Jersey who exhibit excellence in their respective practice area and who make it through the rigorous Super Lawyers peer reviewed selection process.

Evan has now been named to the New Jersey Super Lawyers list for eight consecutive years (2010 – 2018).

Super Lawyers: A Recognition of Outstanding Professional Achievement

Super Lawyers is an independent legal rating service that is dedicated to finding and recognizing outstanding lawyers throughout the country.

Each year, Super Lawyers selects a list of lawyers in each state who have demonstrated outstanding professional achievement and have received notable peer-recognition.

In order to be eligible for inclusion in the Super Lawyers list, an attorney must first be nominated by peers in his or her specific field of law (Note: attorneys cannot nominate themselves).

The selection process also includes a phase of independent research carried out by the Super Lawyers research department.

The research team considers several different factors about a lawyer’s professional experience including past verdicts, settlements, scholarly contributions, awards, certifications and more.

For more information about the Super Lawyers selection process, click here.

Other Awards Received By Evan In The Past

In addition to being named to the 2018 Super Lawyers list, Evan Levow has received many other awards in the past for his achievements and contributions in the field of DWI law.

Specifically, Evan has been awarded as a:

  • Top Defense Attorney by Best Lawyers in America®
  • Top 100 Trial Lawyers by the National Trial Lawyers Group
  • AV Preeminent® Rated Attorney by Martindale-Hubbel®

Visit Evan’s attorney profile to learn more about his experience and previous awards.

Choosing An Experienced Attorney To Represent Your Rights

Choosing a lawyer to represent your rights after a DWI arrest is a big decision that should be taken very seriously.

The award-winning attorneys at Levow DWI Law thoroughly understand New Jersey DWI law and are dedicated to defending the legal rights of their clients after a DWI arrest.

On June 13, Evan Levow, Considered A Breath Testing Expert, Was The Lead Instructor At The Faulkner University Jones School Of Law’s “Advanced DUI Seminar”.

Mr. Levow lectured on the Draeger Alcotest 7110 breath testing machine. Topics covered included: Principles of infrared spectroscopy; theory and practice of breath testing; relationship to blood testing; probable and potential errors in breath testing. The Draeger 7110 and 9510 dual sensor breath test instruments – design, instrumentation, reliability and certainty of result.

Evan Levow Challenges Alcotest Before NJ Supreme Court

Evan Levow made headlines for his recent argument before the New Jersey Supreme Court to scrap the Alcotest breath testing machine.

In 2001, the Alcotest replaced the breathalyzer in New Jersey DWI cases.

Breathalyzer Test

Evan Levow and other counsel challenged the reliability of the Alcotest machine in 2008, in the landmark case before the New Jersey Supreme Court, State v Chun. At that time, the New Jersey Supreme Court ruled the machine “generally scientifically reliable”, but ordered the state to make 9 modifications to the machine’s software to offset its technical shortcomings.

State officials never made the court–ordered modifications, despite a 5 year old court order telling them to.

Evan Levow argued before the New Jersey Supreme Court on September 10, 2013, that the conditional reliability of the machine no longer remains. Levow questioned the validity of the state’s DWI convictions for this reason. “Alcotest is scientifically unreliable, because the state never made the changes.” Levow said. “Consequently the machine should no longer be used.”

In 2008, the court also ordered state officials to create a centralized, searchable state-wide database of Alcotest results that would be available to defendants and their attorneys. According to Levow, the database is not searchable and omits some test errors that could show machine malfunction. This is important information needed when defending a DWI arrest.

Mr. Levow also argued that since the current Alcotest machine has an algorithm that is not on a future version of the machine, this is a tacit admission that there is a problem with the current Alcotest machine.

Additionally, one of the 9 mandated software modifications pertained to women over the age of 60. This group is not capable of reaching the minimum 1.5 liters of breath volume. However, if they don’t blow 1.5 liters they can be charged with a refusal to blow. The 2008 ruling ordered the state to re-program the minimum to 1.2 liters for this group. “That hasn’t been done.” said Levow. “This means a woman who does not blow 1.5 liters can be unfairly charged with a refusal – a serious offense resulting in loss of license and other fines and surcharges.” Levow contended.

Evan Levow called for Alcotest to be retired and for the state to rely on observational evidence.

“Breath testing is trial by machine, “ Levow told the justices. “It’s imperative that the public has trust” in the technology being used.

News Articles:

N.J. needs to scrap its Alcotest devices, lawyers argue at state’s top court
The Star Ledger
September 10, 2013

New Jersey DWI Alcotest Breath Testing Challenged Before NJ Supreme Court
Digital Journal
September 10, 2013

DWI Attorney Evan Levow Critical of NJ Breath Testing Program After Supreme Court Ruling, Urges Arrestees to Re-Double Their Efforts to Protect Their Rights
Newsday
October 29, 2013

DWI Lawyer Evan levow Weighs in After NJ Supreme Court Decides on Alcohol Test Reliability
October 30, 2013

DWI Lawyer Evan Levow Says New Jersey State Needs to Find an Alternative to Unreliable Breath testing Alcotest Device
Newsday
October 31, 2013